Everything You Need to Know About Locum Tenens Malpractice Insurance

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Locum tenens malpractice insurance is a specialized type of insurance that protects temporary healthcare professionals from liability in the event of a medical mistake.

It's a must-have for locum tenens physicians, as it can provide financial protection in case of a lawsuit.

Most locum tenens malpractice insurance policies are tailored to meet the unique needs of temporary healthcare workers.

These policies often have different coverage limits and deductibles than traditional malpractice insurance policies.

What Is Malpractice Insurance?

Malpractice insurance is a type of liability insurance that protects healthcare professionals from financial losses due to lawsuits or claims of negligence.

It's designed to cover the costs of defending against a lawsuit, as well as any damages or settlements that may be awarded to the plaintiff.

In the US, malpractice insurance is typically required for healthcare professionals, including physicians, nurses, and other medical staff.

The cost of malpractice insurance varies widely depending on factors such as the type of medical specialty, location, and level of experience.

For locum tenens physicians, malpractice insurance premiums can be higher due to the temporary nature of their assignments.

Locum tenens physicians often work in high-risk specialties, such as emergency medicine or surgery, which can also increase premiums.

Types of Coverage

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Locum tenens coverage is not a one-size-fits-all solution, and understanding the different types of policies is crucial to choosing adequate coverage.

There are two basic types of medical malpractice coverage: occurrence policies and claims-made policies. Occurrence policies are less common, but some insurance companies still offer them.

Locum tenens physicians in higher-risk specialties, such as anesthesiologists, general surgeons, and obstetricians/gynecologists, may appreciate the more tailored protection available from specialty-specific policies.

Claims-made policies are the most common type of policy available, but a few companies do offer occurrence policies.

Coverage and Costs

Locum tenens malpractice insurance provides coverage for medical providers while on a locum tenens assignment. This type of insurance is typically paid for by the locum tenens staffing company you work with.

The locum tenens staffing company will usually pay for your malpractice insurance, which can be a significant cost savings for medical providers. For example, Barton Associates maintains high-quality, comprehensive medical malpractice insurance coverage for all locum tenens physicians, CRNA, dentists, nurse practitioners, and physician assistants.

The cost of malpractice insurance can vary widely depending on the company and the specific policy. It's best to shop around and compare quotes from different companies to find the best service at a reasonable price.

Claims-Made

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Claims-Made policies provide coverage for incidents that occurred and were reported while you are insured with that carrier. Both the incident and the filing of the claim must happen while the policy is in effect.

Claims-Made policies don't apply to claims made after the policy ends, unless you have tail coverage. Tail coverage extends the reporting period for an expired policy and protects claims that aren't reported until after the policy ends.

If you drop a claims-made policy, you are not covered for any suits filed later unless you pay for tail coverage. Tail coverage is expensive, often three times the amount of an annual premium.

Claims-Made policies are the most common type of policy used by locum tenens companies, including Barton Associates. Today, most malpractice insurance policies use claims-made coverage.

Claims-Made policies offer coverage for claims made while the policy is in effect, so long as the claims arise from incidents after the policy's retroactive date.

Who Covers Provider Costs?

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Locum tenens staffing companies typically pay for malpractice insurance for their providers. Barton Associates, for example, offers free, comprehensive medical malpractice insurance coverage for all locum tenens physicians, CRNAs, dentists, nurse practitioners, and physician assistants.

The cost of malpractice insurance can be significant, with some physicians spending over $100,000 per year on premiums alone. This is why it's great that Barton Associates covers this expense for their providers.

Barton Associates also has a dedicated insurance team to help with any questions or issues that may arise. They'll even guide you through the process if a claim does occur during your assignments.

All medical providers who are subject to possible claims are eligible for malpractice insurance, including physicians, nurse practitioners, CRNAs, dentists, and physician assistants.

Price Decline

The price of malpractice insurance has been declining in recent years, and it's not just due to increased competition between insurance companies. Doctors have gotten better at avoiding lawsuits, largely due to improved treatments and a better understanding of what situations are most likely to lead to malpractice claims.

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As a result, doctors are taking extra care to practice and document well in these high-risk areas. This is likely a major factor in the declining price of malpractice insurance.

In many states, tort reforms have also been put into place to make it more difficult for patients to successfully sue doctors. These reforms include caps on pain and suffering damages, a higher standard to prove negligence, and the use of prelitigation panels.

Caps on pain and suffering damages, for example, make it more difficult for patients to receive large payouts, which can reduce the incentive for attorneys to pursue borderline cases.

Liability and Risk Management

Medical malpractice insurance laws vary by state, so it's essential to understand the specific requirements for each locum tenens assignment. For instance, physicians working locum tenens in Connecticut must have a policy with at least $500,000/$1.5 million in coverage, while in Colorado, the minimum required coverage is $1 million/$3 million.

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Some states also have patient compensation funds that offer additional coverage, but physicians must maintain a certain amount of coverage to participate. For example, Nebraska's patient compensation fund provides a malpractice cap of $2.25 million, but only if physicians have a policy with at least $500,000/$1,000,000 in coverage.

To mitigate the risk of medical malpractice claims, locum tenens physicians should prioritize risk management practices, such as requesting an orientation, keeping good documentation, and communicating effectively. These practices can help prevent harm and reduce the likelihood of a malpractice claim.

What Constitutes?

To understand liability and risk management, it's essential to know what constitutes medical malpractice. Medical malpractice has four key elements that must be met for any given act to be considered malpractice.

The first element is a duty to treat, which means a doctor-patient relationship exists. If someone comes to your clinic or hospital to be seen by you and you saw them or should have seen them, this criterion has been met.

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A breach of the standard of care is the second element. The standard of care refers to what a similarly trained doctor would have done in a similar situation. This is where expert witnesses come in with their opinions, often resulting in dueling expert witnesses trying to convince the judge or jury of the standard of care.

Causation is the third element, which means the breach must actually have caused subsequent harm. You can make a mistake, but if it doesn't hurt the patient, it's not malpractice.

The fourth and final element is damages. If there are no financial damages, there is no malpractice. Malpractice is a civil tort, and it's about money, not a crime.

Here are the four elements of medical malpractice in a concise list:

  • Duty (a doctor-patient relationship exists)
  • Breach (of the standard of care)
  • Causation (the breach caused subsequent harm)
  • Damages (financial harm was incurred)

Risk Management

Risk management is crucial for locum tenens physicians to reduce the likelihood of a medical malpractice claim. It's the process of minimizing risks and preparing for the unexpected.

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Requesting an orientation is a great way to adjust to unfamiliar systems, protocols, and supplies. This helps locum tenens physicians deliver high-quality care and reduces the risk of malpractice claims.

Keeping good documentation is essential for providing a legal record of care provided during a locum assignment. Accurate and complete records support a physician's defense in the event of a malpractice claim.

Miscommunication is a leading cause of serious adverse events. Protocols such as handoff tools help ensure important information is passed on, reducing the risk of malpractice claims.

Here are some risk management practices that may be recommended to locum tenens physicians:

  • Requesting an orientation
  • Keeping good documentation
  • Communicating effectively

Locum tenens physicians must ensure adequate medical malpractice coverage during each placement and after the assignment ends. This coverage protects against claims arising from a physician's actions while working locum tenens.

Liability by State for Physicians

Physicians working locum tenens assignments must be aware of state-specific medical malpractice insurance laws, which vary by state.

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In Connecticut, physicians must carry at least $500,000/$1.5 million in medical malpractice insurance coverage.

Some states operate patient compensation funds that offer additional coverage, but physicians must maintain a certain amount of coverage to participate.

Nebraska's patient compensation fund provides a malpractice cap of $2.25 million, but only if physicians have a policy with at least $500,000/$1,000,000 in coverage.

Statute of limitations for filing a medical malpractice lawsuit varies from state to state, so physicians must be aware of the deadline in each state.

Damage caps, which limit how much patients can recover in a medical malpractice case, also vary by state.

Some states require all medical malpractice claims to be submitted to an arbitration or mediation process, which may discourage unfounded lawsuits.

Here's a breakdown of the minimum required medical malpractice insurance coverage by state:

Insurance Options and Providers

Barton Associates pays for malpractice insurance for locum tenens providers, including physicians, CRNAs, dentists, nurse practitioners, and physician assistants. This insurance coverage is comprehensive and free of charge.

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Locum tenens coverage refers to the malpractice insurance policies that provide coverage for a medical provider while on a locum tenens assignment. Any locum tenens medical provider is eligible for locum tenens malpractice insurance.

Medical malpractice coverage is not one-size-fits-all, and the risk of facing a medical malpractice claim varies widely across specialties. Many insurance providers, like Barton Associates, offer tailored coverage based on the unique needs and risks of each specialty.

Which Providers Get Coverage?

Physicians are eligible for free malpractice insurance coverage when working with Barton Associates. This includes physicians, nurse practitioners, CRNAs, dentists, and physician assistants.

Any locum tenens medical provider is eligible for locum tenens malpractice insurance, which refers to the malpractice insurance policies that provide coverage for a medical provider while on a locum tenens assignment.

Barton Associates offers free, comprehensive medical malpractice insurance coverage to locum tenens providers, including physicians, CRNAs, dentists, NPs, and PAs. This coverage is part of the efficient and worry-free process of working with Barton Associates.

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Medical malpractice coverage is not one-size-fits-all, and the risk of facing a medical malpractice claim varies widely across specialties. For example, locum tenens anesthesiologists, general surgeons, obstetricians/gynecologists, and those working in locum tenens emergency medicine have some of the highest rates of medical malpractice suits.

The locum tenens staffing company you work with will traditionally pay for your malpractice insurance. Barton Associates pays for the malpractice insurance of its locum tenens providers, including physicians, CRNAs, dentists, NPs, and PAs.

Where to Get

If you're looking for insurance options, there are several providers to consider.

You can get insurance through major carriers like State Farm, Allstate, and Geico, which offer a wide range of policies.

Some online insurance platforms, such as Policygenius and NerdWallet, can help you compare and purchase insurance from multiple providers.

To get insurance through your employer, check with your HR department to see if they offer group plans.

You can also purchase insurance directly from insurance companies like USAA and Nationwide.

Policy and Practice

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Locum tenens malpractice insurance policies typically require providers to report claims within 30 days, as stated in the "Filing a Claim" section. This ensures timely processing and helps prevent delays in resolving issues.

The "Policy Exclusions" section outlines common exclusions, including intentional acts, gross negligence, and failure to maintain required licenses. These exclusions are crucial to understand to avoid potential policy cancellations.

To minimize the risk of policy cancellation, locum tenens providers should carefully review their policies and ensure they meet the requirements outlined in the "Policy Requirements" section.

Policy vs. Practice

Policy limits are crucial to understand, with most policies offering $100,000 to $300,000 and $1 million to $3 million coverage.

The first number represents the maximum amount the insurance company will pay per claim during the policy period, usually one year. This is a significant consideration for oncologists starting practice, as they should aim for limits in line with their geographical area and specialty.

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Anderson advises having limits that match the prevailing standards in your area. Having higher limits may provide peace of mind, but it also means you'll be the primary target in a lawsuit with multiple defendants.

Policy coverage also specifies what incidents are covered, so ensure your insurance covers your full scope of clinical activities. This is especially important for practice owners and shareholders, who should verify that coverage applies to their professional corporation and employees.

If you're in solo practice or a small practice, consider adding locum tenens coverage to your policy. Many policies include this coverage for 30 to 120 days annually, with no additional premium.

The Consent to Settle Clause is a crucial part of many insurance policies. It's a provision that requires policyholders to give their insurer written consent before settling a claim with a third party.

This clause is designed to prevent policyholders from secretly settling claims without their insurer's knowledge or approval. In many cases, insurers will not pay for a claim if the policyholder has already settled with a third party without their consent.

Policyholders must be aware of this clause and understand its implications. They should carefully review their policy documents to see if a Consent to Settle Clause is included.

Keep Good Files

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Keeping good files is essential for any professional, especially when it comes to insurance coverage. Always keep a copy of your insurance policy, including each year's coverage during your training.

It's a good idea to ask your program director for a copy if you weren't given one. The policy itself is the best proof you were insured, and the carrier isn't obligated to retain a record of your coverage.

Keeping copies of all communications with the carrier is also crucial. This includes emails, letters, and any other correspondence.

Insurance Basics

Medical malpractice insurance is a type of professional liability insurance that helps protect your finances in the event a patient claims your actions (or inactions) caused them harm. It covers the costs of defending malpractice suits, and if you're found liable, it also helps pay for damages, up to the policy limits.

Policy limits are often written as two numbers, for example, $1 million/$3 million, where the first number is the maximum amount the policy will pay per claim and the second number is the maximum amount the policy will pay during the policy period.

Physicians who work with healthcare staffing companies often have locum tenens malpractice coverage provided for the length of the assignment, but those who arrange locum assignments directly with facilities will typically be responsible for purchasing their own coverage.

What Is the Statute of Limitations?

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The statute of limitations on medical malpractice varies by state, but most set the time limit between 1-3 years from the date of injury.

Every state has its own unique rules, so it's essential to follow specific state laws.

Most states have a provision called the "discovery" rule, which extends the statute of limitations to the period of time that the person should know, or should reasonably know, that they were injured.

This means that if you don't discover you were harmed right away, you may have more time to file a claim.

The Basics

Medical malpractice insurance is a type of professional liability insurance that helps protect healthcare professionals' finances in case a patient claims harm caused by their actions or inactions. It covers the costs of defending malpractice suits and paying damages, up to the policy limits.

Locum tenens malpractice insurance is specifically designed for physicians and other healthcare professionals working on temporary assignments. It's not always included in existing medical malpractice policies, so separate coverage may be required.

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Locum tenens malpractice insurance helps shield your income and assets from the high costs of defending and settling a malpractice claim. It also defends your reputation against unfounded allegations that could harm your professional standing.

Here are some key things to know about locum tenens malpractice insurance:

Physicians who work with healthcare staffing companies may have locum tenens malpractice coverage provided for the length of the assignment, but those who arrange assignments directly with facilities may need to purchase their own coverage.

What Is a Physician?

A physician is a medical professional who provides healthcare services to patients. Locum tenens physicians, in particular, are temporary doctors who fill in for other physicians in healthcare facilities.

These temporary assignments can last from a few shifts to over a year, and physicians work as independent contractors rather than employees. Every year, 90% of U.S. healthcare facilities use locum tenens physicians to fill gaps in their workforce.

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Physicians find locum tenens assignments through healthcare staffing agencies, which help facilities meet the increased demand for care during peak periods, such as the fall flu season. By filling in for absent physicians, locum tenens doctors help ensure patients have access to the care they need, when they need it.

Some common reasons for staffing gaps in healthcare facilities include vacations, medical leave, high patient volumes, and recruitment challenges. Locum tenens physicians fill these gaps, offering benefits for both facilities and physicians.

Insurance for Specific Groups

Barton Associates offers free, top-in-class malpractice insurance to all medical providers who work with them on assignment. This insurance is a significant benefit for locum tenens healthcare professionals.

Locum tenens malpractice insurance covers a range of risks, including medical malpractice, professional liability, and other potential errors or omissions.

An expert insurance team is available to walk you through any questions you may have about the insurance coverage.

Protecting Personal Assets

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Protecting personal assets is a top concern for many locum tenens physicians. The good news is that losing personal assets in a malpractice lawsuit is extremely rare, equivalent to winning the lottery.

The first line of defense is to not commit malpractice. Liability insurance is the next, and main, line of defense.

In the unlikely event that you get beyond liability insurance, your state's exemption laws come into play. These laws typically include retirement accounts and may include a significant amount of home equity, cash value life insurance, annuities, HSAs, 529s, and personal assets.

The best asset protection plans are straightforward and inexpensive, often done for non-asset protection reasons like tax reduction, business structuring, or estate planning.

Krystal Bogisich

Lead Writer

Krystal Bogisich is a seasoned writer with a passion for crafting informative and engaging content. With a keen eye for detail and a knack for storytelling, she has established herself as a versatile writer capable of tackling a wide range of topics. Her expertise spans multiple industries, including finance, where she has developed a particular interest in actuarial careers.

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